USHA AJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.) against the judgment dtd. 29/12/2017 passed by Second Additional Sessions Judge to the Court of First Sessions Judge, District- Bhopal (M.P.) in S.T. No.544/2013 whereby, learned Sessions Judge found the appellant guilty for the offence punishable as under :- <FRM>JUDGEMENT_123_LAWS(MPH)3_2023_1.html</FRM>

(2.) The case of the prosecution in nutshell is that a private complaint case under Sec. 200 of Cr.P.C. was filed by the respondent No.2 wherein, it was so alleged that the complainant is the chief editor of a monthly Magzine by the name of 'Vyom Garjana' and in public interest is filing the instant complaint and in the complaint it was alleged that appellant in the year 1997 is said to have appeared in the examination conducted by the M.P. Public Service Commission on the basis of document issued by Tehsildar, Nasrullaganj, District Sehore dtd. 29/3/1993. It was further alleged that no such documents dtd. 29/3/1993 in the form of caste certificate was issued by him and on the basis of aforesaid allegation, the learned Judicial Magistrate, First Class, Bhopal, District Bhopal has taken cognizance of an offence punishable under Sec. 420, 467, and 468 of IPC against the present appellant and has committed the same to the Sessions Court Thereafter, appellant was charged for offence punishable under Ss. 466, 467, 468, 471 and 420 of IPC and as the case was triable by learned Sessions Judge, therefore, it was committed to the aforesaid Court. The appellant abjured her guilt and took a plea that she has been falsely implicated in the present crime and prays for trial.

(3.) That, thereafter charges were framed by the learned Additional Sessions Judge and the prosecution in order to prove its case examined as many as 9 witnesses namely G.S. Rawat (PW-1), Achal Bihari Dubey (PW-2), G.S. Bhalavi (PW-3), J.L. Mishra (PW-4), Sanjay Kherkar (PW-5), Devraj Birdi (PW-6), Salina Singh (PW-7), Sudheer Kumar Jain (PW-8) and Shailendra Hinotiya (PW-9). Thereafter, examination of appellant was done under Sec. 313 of Cr.P.C. The appellant has pleaded her false implication in the matter. In support of her defence, no witness has been produced by the appellant.